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SECTION I – Answer ALL questions 1. For the past ten years, all member states of the European Union have adopted a practice of allowing foreign fishing vessels to fish in their waters. However, all other states have continued to claim exclusive rights to resources in waters off their coasts, as outlined in the United Nations Convention on the Law of the Sea. In fact, over 100 states signed a UN General Assembly resolution underscoring this exclusive right. In early 2020 the Moroccan Coast Guard intercepted a fleet of Spanish fishing vessels in their waters with several tons of fish. The Moroccan authorities claimed that the Spanish vessels were fishing illegally in their waters and consequently seized the fish and the vessels and sent the fishermen back to Spain. After failed attempts at negotiating with Morocco for the release of the vessels and compensation for the fish, the Spanish government is considering bringing the case before the ICJ. Their main argument is that the fishermen were fishing legally because it has now become customary international law for states to grant access to foreign vessels to fish in their waters. a. Based on the facts provided in this scenario, determine whether the ICJ would agree with Spain that customary international law has emerged on this issue. Include in your response the conditions for the emergence of customary international law and say whether those conditions were met. (2 marks) b. Assuming that Morocco’s main argument is that whether there is a new customary law, they would be guided by the provisions in the United Nations Convention on the Law of the Sea instead of the customary law. Both Spain and Morocco have signed and ratified this Convention. Based on your knowledge of the relationship between treaty law and customary international law, explain the position you think the ICJ would take on Morocco’s argument (2 marks) 2. The prohibition of human trafficking has jus cogens status in international law because of its linkage to slavery, the prohibition of which also has jus cogens status. However, two south Asian countries have determined that they do not find human trafficking to be particularly problematic and have decided to enter a treaty that would allow human trafficking between the two countries with no repercussions for the perpetrators. a. In international law, what are jus cogens norms. How do these norms relate to the term “persistent objector?” (2 marks) b. Explain whether the treaty between the two south-Asian countries would be valid. (2 marks) 3. The United Nations General Assembly passed a resolution declaring that states should undertake to eliminate the use of natural gas. If Caribbean states continue to use natural gas after endorsing this resolution, would they be in breach of their obligations under international law? Explain your answer (2 marks)